UNITED STATES v. OLMSTEAD

No. 9165.

5 F.2d 712 (1925)

UNITED STATES v. OLMSTEAD et al.

District Court, W. D. Washington, N. D.

May 13, 1925.


Attorney(s) appearing for the Case

Thos. P. Revelle, U. S. Atty., and C. T. McKinney, Asst. U. S. Atty., both of Seattle, Wash., for the United States.

J. L. Finch, of Seattle, Wash., for defendants Olmstead and others.

Edward H. Chavelle and Joseph H. Griffin, both of Seattle, Wash., for certain defendants.


NETERER, District Judge.

A conspiracy is a combination of two or more persons, by some concerted action, to accomplish some criminal or unlawful purpose, or to accomplish some purpose, not in itself criminal or unlawful, by criminal or unlawful means. Pettibone v. U. S., 148 U.S. 203, 13 S.Ct. 542, 37 L. Ed. 419.

In prosecutions for a conspiracy at common law it was neither necessary to aver nor to prove an overt act...

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